Fourel (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Activity (Class GG) visa (Subclass 408) made by an applicant with a criminal history. The applicant sought review of a decision concerning her eligibility for the visa.

The primary legal issue before the Tribunal was whether the applicant had provided statements from appropriate authorities in France and Australia that evidenced her criminal history, as required by regulation 2.03AA(2)(a) of the Migration Regulations 1994 (Cth). The Tribunal also considered whether a request for a completed Form 80 had been made by the delegate, which would engage regulation 2.03AA(2)(b).

The Tribunal found that the applicant had satisfied the requirement under regulation 2.03AA(2)(a) by providing a statement of National Criminal Records from the French Republic Justice Ministry and a National Police Clearance from the Australian Federal Police. As there was no evidence that the delegate had requested a completed Form 80, regulation 2.03AA(2)(b) was not applicable. Consequently, the Tribunal concluded that the applicant met the requirements of regulation 2.03AA(2).

The Tribunal remitted the application for reconsideration with a direction that the applicant meets regulation 2.03AA(2) of the Migration Regulations 1994 (Cth).